Reza Kazeemi is a 42-year-old citizen of Iran who became a permanent resident in Canada in 2006. Mr. Kazeemi has a consistent history of offending in Canada, spanning from 2006 to 2014. Nineteen of his convictions relate to non-compliance, such as failure to attend court and failure to comply with a recognizance.

In 2014, his most serious misconduct occurred. He was caught with large quantities of illicit fentanyl in his apartment - with an estimated street value of over $80,000. While on trial for possession of a narcotic for the purpose of trafficking, Mr. Kazeemi fled to the United States, crossing the border illegally. Mr. Kazeemi was ultimately sent back to Canada by American authorities. He was convicted on drug trafficking charges in Vancouver in 2017 and sentenced to six years' imprisonment in a medium security prison.

On January 27, 2020, Mr. Kazeemi was granted statutory parole subject to special conditions imposed by the Parole Board (Parole conditions, reproduced in Appendix 'A' below). However, he was then transferred directly into immigration custody.

Mr. Kazeemi attended two detention review hearings before the Immigration Division of the Immigration and Refugee Board ("ID") in February. In refusing release on February 2, 2020, the first member cited Mr. Kazeemi's repeated failures to comply with conditions imposed in both the criminal and immigration contexts as well as the serious nature of his drug trafficking conviction to support his finding that his detention should be continued. The member did not feel that an adequate alternative to detention was in place at the time, but made several recommendations, including a supervised residence which, if implemented, could support such an alternative at future detention reviews.

On February 28, 2020 a second ID member ordered Mr. Kazeemi's continued detention for similar reasons. He expressed concern that, given Mr. Kazeemi's history of substance abuse and his stated desire not to return to Iran, he was at risk of relapse and going "underground".

Regarding the proposed alternative to detention, the member explained that although the "makings of an alternative to detention" might be in the preliminary stages, more evidence on this factor was required. The member recommended that the imam be available for examination at Mr. Kazeemi's next detention review within thirty days.

Mr. Kazeemi's third detention review hearing before the ID took place on March 28, 2020. Ms. Pauline Smith, a newly appointed ID member, heard oral testimony from Mr. Kazeemi and the imam. Mr. Kazeemi explained his efforts to come to grips with a longstanding substance abuse problem and confirmed that he had been clean for over a year. The imam's testimony focused primarily on his knowledge of Mr. Kazeemi from the institutions he had been in, and his apparent good conduct and reformed ways in those settings. All of the parties, with the exception of the ID member and Mr. Kazeemi participated in the hearing via videoconference.

In terms of the specifics of the alternative to detention, the imam introduced himself as the Muslim chaplain for Corrections Canada in the Lower Mainland and testified that he had known Mr. Kazeemi a little over two years in the context of group counselling, one-on-one interviews, and prayer/chaplaincy sessions. The imam testified that he could offer Mr. Kazeemi supervised accommodation, as well as support in finding a job through connections in the Muslim community. He further committed to personally driving Mr. Kazeemi to the Canada Border Services Agency's office for the purposes of fulfilling his reporting requirement, if need be.

In response to questions posed by the Minister's Representative, the imam noted that his religious community had assisted other similarly situated detainees, and that he would personally provide adequate support to ensure Mr. Kazeemi's compliance with any conditions that might be imposed. The ID member did not direct any questions of her own to the imam.

During the hearing Mr. Kazeemi's counsel, Jonathan Will, presented documentation of the risk faced by people in congregate settings as a result of the sudden emergence of COVID-19 in Canada and the particular risks faced by people in correctional facilities, including immigration detention centres. Mr. Will produced a report confirming that just the week before, an employee of the British Columbia Immigration Holding Centre had contracted COVID-19 and was on leave in self-isolation. Mr. Will also produced copies of an unreported ID decision concerning a Columbian national with a history of non-compliance with immigration laws as well as a string of criminal convictions related to break-and-enters in the Greater Vancouver Area. In that case, decided by ID member Georgina Crampton, the detainee had been released on a bond in large part due to the risk of being exposed to COVID-19 while in detention.

The Minister's Representative asserted that two grounds for detention were present. First, she argued that Mr. Kazeemi was unlikely to appear for removal, in light of his significant history of non-compliance in the criminal and immigration contexts, his decision to flee to the United States when facing a criminal trial, as well as his stated desire not to return to Iran.

Second, the Minister's Representative argued that Mr. Kazeemi is a danger to the public, emphasizing the seriousness of his drug trafficking conviction and his consistent history of offending in Canada.

Finally, the Minister's Representative argued that a single example of another detainee being released as a result of COVID-19 fears should not hamstring the member. Since COVID-19 is a pandemic present in the broader community, Mr. Kazeemi was unlikely to suffer more serious harm through detention than through release. Satisfactory precautions had been adopted in the Immigration Holding Centre and in view of his age and the absence of an underlying health condition, Mr. Kazeemi was not at any particular risk. The Minister's Representative relied on information published on the Canada Border Services Agency's website concerning newly implemented COVID-19 protocols in support of this submission.

The Minister's Representative concluded by urging the member to find that the risks associated with releasing Mr. Kazeemi at this time were insufficiently mitigated to warrant release.

As the detention review hearing ran longer than anticipated, the hearing was held over for resumption the following day. Mr. Will has emailed you, a freshly minted RCIC, to prepare written submissions on this file in time for the resumption tomorrow.

He has sent you the above summary of what transpired in the hearing and outlined the elements of the Minister's case for continued detention. He has asked you for submissions that refute the Minister's arguments and elaborate a persuasive case for Mr. Kazeemi's release.

https://www.canada.ca/content/dam/ircc/migration/ircc/english/resources/manuals/enf/enf20-det-en.pdf

https://irb-cisr.gc.ca/en/legal-policy/policies/Pages/GuideDir02.aspx

https://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/

QUESTION

draft the submissions in point form

Include relevant provisions from the IRPA, the IRPR, ENF 20: Detention, Chairperson Guideline 2: Detention

Start with an opening statement: a brief description of what your case is about and a clear statement of what remedy you are seeking (i.e., what decision you are asking the tribunal to make).

Include a "legal argument", which explains how the law and the tribunal's previous decisions support your case, and include copies of the decisions you are relying on.

End with a summary of your case, and state the decision that you are asking the tribunal to make.